[vlc] Busting patent law myths

[Rémi Denis-Courmont]

Le Friday 21 September 2007 16:49:43 J.B. Nicholson-Owens, vous avez écrit :
> I still don't see the logic behind the idea of distributing source code
> as a means of evading patent law (again, only applicable in countries
> that have software patents).

In most cases that I am aware of, people not distributing software binaries 
for alleged fear of patent litigation are not distributing the source code 
either. But of course, you can still obtain the source code from upstream and 
compile it yourself... or is it illegal to use a compiler because it *could* 
be used to build patent-infringing software?

That being noted, source code alone would not directly violate patents as far 
as I know. Source code may explain how to implement a patent, much like the 
patent itself, and patents can be downloaded from patents offices. 
Documenting patented technology is not a patent infringement, is it?

Of course, it you shipped the source code, plus the toolchain plus the scripts 
to build the would-be patent-infringing software, then you may be found to 
infringe. Also, you may be violating the software copyright if some 
patent-incompatible open-source license is applicable.

> If this were so, there would be no 
> practical threat from software patents as we'd all exclusively
> distribute source code and any ideas implemented in that code would be
> immune from patent infringement.

> I also don't see how those from software patent-encumbered countries
> (like the US) are somehow immune from risking losing a patent
> infringement lawsuit when they obtain software from a country that
> doesn't have software patents (like France).

Of course, these would-entities would not be safe from litigations. However, 
suing end-users sounds very impractical. Especially if these are your 
customers at the same time. Nevertheless, that is no excuse for users to 
break the law.

> If this were so, FLOSS development would mostly come from countries without
> software patents and again the threat of software patents would be minimal. 

It might actually be the case in some particularly "encumbered" domains.

-- 
Rémi Denis-Courmont
http://www.remlab.net/